Single judge dismissed an appeal against an ESI Court order where the appellant failed to produce records after submitting an explanation regarding a fire that destroyed them.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No. 4986 of 2007 Date of decision: July 06, 2009
M/s Vardhman Spinning and General Mills Ltd. ........ Appellant
Versus
The Employee State Insurance Corporation .......Respondent
Coram: Hon'ble Ms Justice Nirmaljit Kaur
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Suresh Kumar, Advocate for the appellant
Mr. B S Bhalla, Advocate for respondent
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Nirmaljit Kaur, J.
This appeal is directed against the order dated 07.04.2007 passed by the Employees Insurance Court.
On 10.02.2009, learned counsel for the appellant made a statement that his client will produce all the record in case a notice is issued by the respondent. On May 22, 2009, learned counsel for the respondent informed the Court that pursuant to the order dated 10.02.2009, a team of Officers visited the factory on 18.05.2009, for the purpose of inspection of the records under dispute, but the employer did not produced any record. As such, the matter was adjourned to 06.07.2009 to enable the appellant to produce the relevant record in the office of the Corporation on 11.06.2009 at 10.00 am, for the purpose of inspection. However, today, learned consel for the appellant has placed on record a letter dated 01.07.2009, addressed
FAO No. 4986 of 2007 -2-
to the counsel, informing that 9-10 months back a fire broke out in the Record Room, resultantly, most of the employer records stood destroyed. Apart from it, an effort was made to locate the relevant record, but could not trace the same with the result, they are unable to produce the record in front of ESI authorities, for re-verification.
From the above, it appears that the respondent-corporation is avoiding the inspection of the relevant record on the one pretext or the other. It is also not understood as to how and as to why the appellant did not know about the record, having been destroyed in the fire, when the case was taken up for hearing on 10.02.2009 and thereafter on 22.05.2009. Learned counsel for the appellant urged that appropriate order be passed in the present case.
In view of the above, the instant appeal is dismissed.
(Nirmaljit Kaur) Judge
July 06, 2009 mohan
M/s Vardhman Spinning and General Mills Ltd.
The Employee State Insurance Corporation
Nirmaljit Kaur
As recorded by the court registry
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